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1989-09 " . . - ø RESOLUTION NO. NE 89-09 A RESOLUTION OF NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP (89-106-TPM) FOR PROPERTY BEING THE WESTERLY 111.00 FEET OF THE EASTERLY 333.00 FEET (MEASURED ALONG THE NORTH LINE) OF THAT PORTION OF LOT 12, RANCHO LAS ENCINITAS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 848, AND AS FURTHER DESCRIBED IN ATTACHMENT "A" WHEREAS, Fred and Nancy Apollo, and Jeff and Julie Huston, submitted a Tentative Parcel Map application as required by the City of Encinitas Subdivision Ordinance, for the purpose of subdividing one .6 acre site into three lots of 6960 sq. ft., 6760 sq. ft., and 7770 sq. ft. respectively; and WHEREAS, a public hearing was conducted by the New Encinitas Community Advisory Board on October 2, 1989, as required by law, . and all persons desiring to be heard were heard. NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas, that the proposed Tentative Parcel Map for property being the westerly 111.00 feet of the easterly 333.00 feet (measured along the north line) of that portion of lot 12, Rancho Las Encinitas, City of Encinitas, County of San Diego, according to map thereof No. 848, and as further described in Attachment "A", is hereby approved, and that approval is based upon the following findings: a. That the proposed map lS consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans since the project is in conformance with - the General Plan designation for the site. LN/CAB11g-147Wp . .. - ø c. That the site is physically suitable for that type of development, in that the three parcels are proposed to be developed in single family dwelling units which is consistent with the R-8 zoning designation and development standards for the site. d. That the site is physically suitable for the proposed density of development, since the topography and design of the lots can be adequately accommodated as proposed. e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, and the project is exempt from CEQA, Section 15315. f. That the design of the subdivision or type of improvements is not likely to cause serious public health problems, since documentation has been obtained stating that utilities shall be available for the site. g. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, . property within the proposed subdivision. NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 89- 106-TPM dated revised August 22, 1989 and received by the City on September 26, 1989 is hereby approved subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL MAP IS APPROVED BY THE NEW ENCINITAS COMMUNITY ADVISORY BOARD AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP, INCLUDING DISTANCES. 1. GENERAL CONDITIONS A. This approval will expire on October 2, 1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agent . within 15 days from the date of this approval. LNjCABl1g-147wp " - - C. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; D. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. E. Permits from other agencies will be required as follows: i. Leucadia Water District ii. Olivenhain Municipal Water District G. Project is approved as submitted on the Tentative Parcel Map dated revised August 22, 1989 and received by the city on September 26, 1989 or as conditioned herein and shall not be altered without Planning and Community Development Department review and approval. A revised Tentative Parcel Map shall be submitted to the Department of Planning and Community Development reflecting the modifications as required and approved herein. . APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. For new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. Arrangements to pay these fees shall be made: a. Prior to recordation of the final map; or B. Prior to issuance of a building permit; as determined applicable by the Planning and Community Development Department. B. street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. . LN/CAB11g-147wp . . --" ~ C. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. D. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. E. All structures constructed on the site shall be measured for height from the approved pads as shown on the Tentative Parcel Map dated revised August 22, 1989 and received by the City on September 26, 1989. 3. SIGNS A. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. B. A comprehensive Sign Program for this development to . include temporary subdivision advertising signs and any model home and information signing shall be submitted to the Community Development Department or Community Advisory Board for their review and approval prior to issuance of building permits. 4. ADDITIONAL APPROVALS/CONDITIONS REQUIRED A. Design Review shall be required ln accordance with Chapter 23.08 the Design Review Ordinance for the design of the homes, all fences and walls, landscaping, noise attenuation measures, and any changes to the grading of the lots approved on the Tentative Parcel Map dated revised August 22, 1989 and received by the city on September 26, 1989, and a standard covenant requiring said review shall be recorded in the office of the County Recorder to run with the land for all lots. B. Prior to close of escrow on each of the parcels shown on the map dated revised August 22,1989 and received by the City on September 26, 1989, the developer shall require that the prospective property owners sign and record the following statement with the County Recorders Office to - run with the land, and that the statement be forwarded LN/CAB11g-147wp " - - to the City of Encinitas Department of Planning and Community Development, to read as follows: "In purchasing the home on Parcel , at Olivenhain Road, I am aware of and understand that said lot has an existing legal non-conforming welding business adjacent adjacent and to the east of the private access road for the abovementioned Parcel. I am also aware that the welding use can legally remain as an existing non-conforming use in the R-g zone in conformance with Chapter 30.76 of the City of Encinitas Zoning Code, and is expected to continue its present operation for an indefinate period of time." C. A 6' wood fence shall be constructed on the west, south and east property lines prior to any construction or road improvements taking place on the project. D. Sewers serving more than 1 SFD shall be designed, installed and certified per public standards. E. The property owner shall record a covenant with the County Recorder's office agreeing to complete noise study to determine what type of noise attenuation barriers or measures would be necessary, if any, for Parcell on the . north property boundary fronting Olivenhain Road. Any noise barrier recommended by the noise study shall be reviewed by the Community Advisory Board through the Design Review application process. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. B. All designated emergency access roads shall be posted per the Fire Department. c. Submit a letter from the Encinitas Fire Protection District stating satisfaction with the type and location . of Fire hydrants and the minimum required water flow in LN/CAB11g-147wp - - gallons per minute together with a letter from the appropriate agency certifying that the fire department's minimum required water flow is available to serve the site. Developer shall install a residential bronze fire hydrant at the north west corner of private access road to the site and Olivenhain Road. Fire hydrants shall be identified by installing a "blue" reflective dot on street surface as per Fire Department standards. D. All two-way traffic aisles shall be a minimum of 20 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 20 feet wide at all times during construction in accordance with Fire Department requirements. F. All structures shall be protected by fire sprinkler systems per N.F.P.A. standards, and shall be installed to the satisfaction of the Encinitas Fire Protection District. G. All streets improved to 20' width shall be posted for no parking on both sides of the street, and signs shall be posted that read "parking off the street only". H. Address numbers shall be clearly visible from the street . fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. 1. Applicant shall submit a letter from the Encinitas Fire Protection District stating that cost recovery fees have been paid. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. RECREATION A. Parkland Dedication in lieu of payment of Park Fees shall be to the satisfaction of the Community Services Director and the Director of Public Works and shall be made prior to final approval of the final map. B. The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the certificate of occupancy, whichever occurs later. fI LNjCAB11g-147wp - - APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. GRADING A. No grading permits shall be issued for this subdivision prior to recordation of the final map. B. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. C. The grading for this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. D. No grading shall occur outside the limits of the (SUBDIVISION/PROJECT) unless a letter of permission is obtained from the owners of the affected properties. E. All slopes within this project shall be no steeper than 2: 1. . F. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to final map approval 8. STREETS AND SIDEWALKS (The authorized agency may modify City Standards in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity in conformance with the Municipal Code Section 24.12.020.) A. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the TENTATIVE MAP. The offer shall be made BY A CERTIFICATE ON THE FINAL MAP for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. Streets that are already . public are not required to be rededicated. LN/CAB11g-147wp - - B. Olivenhain Road shall be dedicated by the developer along the subdivision frontage based on a center line to right- of-way width of 65 feet and in conformance with City of Encinitas Standards. C. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. D. Direct access rights for all lots abutting Olivenhain Road shall be waived on the final map, except for one access as shown on the Tentative Map. E. Prior to any work being performed in the public right- of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. F. Plans specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, . improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: Olivenhain Road to be improved as shown on the Tentative Map, with 46 foot wide a.c. pavement, concrete curb, gutter, sidewalks, within a 65 foot wide graded right- of-way. G. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right- of-way improvements. Prior to close of escrow the developer shall require that the prospective property owners sign and return the following statement to the city of Encinitas Department of Planning and Community Development: "In purchasing the home on Parcel , I am aware of and understand that I am agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements." . LN/CAB11g-147wp . '. - . H. The design of all private streets and drainage systems shall be approved by the City Engineer prior to (APPROVAL OF THE FINAL MAP for this project. The structural section of all private streets shall conform to City of Encinitas standards based on R-value tests. The standard improvement plan check deposit is required. 9. DRAINAGE AND FLOOD CONTROL A. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. B. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. C. Concentrated flows across driveways and/or sidewalks . shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 10. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. B. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. C. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. D. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. E. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. . LN/CAB11g-147wp . . '. - . F. As required by the Olivenhain Municipal Water District each unit shall be metered separately for water; meters shall be located in the sidewalk or city controlled right-of-way; and it is suggested that the builder consider utilizing larger than normal service line size to the last and possibly the middle residences to improve flow characteristics due to the distances from the meters since they will be located near the curb/sidewalk. 11. GENERAL REQUIREMENTS AND APPROVALS A. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. B. All provisions of the Subdivision Ordinance of the Encinitas Municipal Code shall be met as they relate to the division of land including the standard conditions of approval as adopted herein. C. Prior to final map approval or on the final map, all dedications shall be made and easements granted as required above. 12. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal . Code) A. That the subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with the City Standards. B. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the City Standards and the General Plan. C. That the subdivider install or agree to install fire hydrants and connections of a type and location approved by the Fire Chief and City Engineer. D. That the subdivider provide all necessary easements and right-of-way to accommodate all streets, drainage and flood control structures and facilities, sewer systems, water systems, cable television and all other required . utilities extending beyond the boundaries of the LN/CAB11g-147wp ~ . . .. - - subdivision. E. That the subdivider shall provide for the subdivision to be connected to a domestic water system approved by the city and all water system facilities shall be subject to the requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision, including fire hydrants and connections as may be required, and that all water lines, appurtenances and service connections shall be constructed or laid prior to paving or provisions have been made to ensure said construction. F. That, where a sewer facility is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer facilities of a type, size and location approved by the City Engineer to the property line of each lot within the subdivision and that all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction; and that all sewer system facilities and construction standards shall be subject to the requirements of the agency providing service to the subdivision. . G. That all new and existing utility facilities, including, but not limited to power, telephone and cable television conduit and lines within the boundaries of any new subdivision and within any half-street abutting a new subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this subsection, and shall make the necessary arrangement with each of the serving utilities, including franchised cable television operators, for the installation of such facili ties. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground subject to the subdivider's obtaining a Design Review Permit. The provisions of this subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. This installation of cable television lines may be waived when, in the opinion of the City Council, no franchised cable operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such walver, the installation of cable television conduit is required. . LN/CAB11g-147wp ~ . . . - rIÞ H. That where the City has adopted a flood control element or drainage element of the general plan, all improvements shall conform to such element. 1. That the subdivider comply or agree to comply with all the conditions of approval contained in this resolution approving the tentative tract map and not otherwise provided for in Chapter 24.16. J. That all required improvements conform to City standards unless specifically waived herein. 3. WAIVERS AND EXCEPTIONS: Standard conditions to require a street lighting system and road improvements other than as stated within this resolution document are hereby waived due to the rural nature of the surrounding area i the impact that such improvements would create would be detrimental to the rural area and would create an adverse impact upon the subject property and surrounding community. The stated waiver will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity Slnce the waiver will be consistent with the existing and desired community character of the immediate vicinity. . PASSED AND ADOPTED this 2nd day of October, 1989, by the following vote, to wit: Ayes: Beck, Quinn, Patton, Colgan, White Nays: None Absent: None (~ ( " Abstain: None ~. ~ ~H'm ES ML~A'J ~~~man 0' '-- r..K.u \".,v '.;J. 1, \".,J .1...lI .1.. the New Encinitas mmunity Advisory Board ATTEST: /' ) -- ~~/' / -/( C2c !, / -)\ - ~ ,"-- /t:--r'¿Jr? '----'é' '> C-<,/ Cd LYnda S. Niles . Associate Planner LN/CAB11g-14 7vlp I